Woman sentenced to 21 months for leaving crash scene

This 2007 Chevy Silverado was believed to be used in the fatal hit-and-run crash that killed Gabrielle Rush, 22, on Southwest 20th Street on June 30, 2012. Amber M. Fernland, inset photo, has entered a no contest plea in connection with crash.

Published: Friday, May 9, 2014 at 1:29 p.m.

Last Modified: Friday, May 9, 2014 at 1:29 p.m.

An Ocala woman who fatally struck a young aspiring nursing assistant with her vehicle and then left the scene in 2012 accepted a plea deal this week that will send her to prison for 21 months.

Amber Marie Fernland, 25, pleaded no contest to one felony count of first-degree leaving the scene of a crash involving death on Wednesday before Circuit Judge Willard Pope. As part of the agreement, Fernland will have her driver’s license revoked for 10 years and must complete 120 hours of volunteer work at an emergency room or trauma center.

While first-degree felonies can send a defendant to prison for up to 30 years, Fernland was a first-time offender. That information, coupled with other factors, allowed for the calculated algorithm used to determine an appropriate sentence to return a relatively low sentence score for Fernland.

Speeding, alcohol or drugs were not proven to be a factor in the crime, and Fernland was only charged with the act of leaving the scene.

“The charge is not causing the death, it’s leaving the scene,” said Assistant State Attorney Bill Gladson, who prosecuted the case. “So the crime that occurs after the crash is not the actual causing of the death.”

Rush had recently finished a CNA course at Beeline Medical and was waiting to take the state examination, her mother, Colleen Mercer, told the Star-Banner in 2012.

“She was beautiful and loved by everyone,” said Mercer in 2012.

Those who knew Rush described her as funny, joking and smiling, and a woman who loved basketball.

Four days after the crash, the Ocala Police Department recovered a gray 2007 Chevy Silverado pickup in a wooded area of a residence near West State Road 40 and Interstate 75. The truck, which had damage to the hood and lighting fixtures on the passenger’s side, was registered to Travis Aldana, Fernland’s boyfriend at the time.

Four days after the discovery, Fernland walked into the Ocala Police Department with an attorney and Aldana.

“The defendant stated she needed to tell what had happened because it weighed heavily on her,” according to a police report.

Fernland said she was driving around 2:45 a.m. the morning of the crash from downtown Ocala with her boyfriend and another individual, heading to the home of Aldana’s father, Michael Aldana. She recalled briefly looking away from the road and hitting an unknown object. She told authorities she was upset about damaging the truck and rushed to Michael Aldana’s home and parked the truck behind the residence.

Rush was walking back home from a Kangaroo Express store less than a mile from her apartment. She was walking on the side of the well-lighted road. She died at the scene.

Witnesses later told police they had seen Michael Aldana covering the truck with tree branches.

Aldana, now 49, was charged with felony evidence tampering. He pleaded guilty in November 2012 and was sentenced to three years of probation and 80 hours of community service.

Travis Aldana was not charged in the case.

Rush had four brothers and five sisters. At the time of her funeral, brother Michael Woods, 31, asked the judge presiding over his murder case to allow him to be transported from the Marion County Jail to pay his last respects to his sister. His request was denied. In February, Woods was convicted of murder and currently remains in jail awaiting trial in another murder case.

The fatal crash made headlines in February when Fernland’s aunt, Ocala Police Department supervisor Sgt. Sandra Fernland, was disciplined for misconduct relating to the case. According to an OPD internal affairs report, Sandra Fernland tried to arrange a meeting between herself, her niece and members of the Rush family. No such meeting ever took place.

Throughout the investigation, officials involved in the case told internal affairs investigators that Sandra Fernland did not interfere in the investigation.

Gladson was unaware of Sandra Fernland’s attempts to set up a meeting and previously called the proposed arrangements inappropriate.

On Thursday, he shared his appreciation for the time and effort OPD spent on the case.

<p>An Ocala woman who fatally struck a young aspiring nursing assistant with her vehicle and then left the scene in 2012 accepted a plea deal this week that will send her to prison for 21 months.</p><p>Amber Marie Fernland, 25, pleaded no contest to one felony count of first-degree leaving the scene of a crash involving death on Wednesday before Circuit Judge Willard Pope. As part of the agreement, Fernland will have her driver's license revoked for 10 years and must complete 120 hours of volunteer work at an emergency room or trauma center.</p><p>The June 30, 2012, crash in the 2800 block of Southwest 20th Street killed Gabrielle Rush, 22.</p><p>While first-degree felonies can send a defendant to prison for up to 30 years, Fernland was a first-time offender. That information, coupled with other factors, allowed for the calculated algorithm used to determine an appropriate sentence to return a relatively low sentence score for Fernland.</p><p>Speeding, alcohol or drugs were not proven to be a factor in the crime, and Fernland was only charged with the act of leaving the scene.</p><p>“The charge is not causing the death, it's leaving the scene,” said Assistant State Attorney Bill Gladson, who prosecuted the case. “So the crime that occurs after the crash is not the actual causing of the death.”</p><p>Rush had recently finished a CNA course at Beeline Medical and was waiting to take the state examination, her mother, Colleen Mercer, told the Star-Banner in 2012.</p><p>“She was beautiful and loved by everyone,” said Mercer in 2012.</p><p>Those who knew Rush described her as funny, joking and smiling, and a woman who loved basketball.</p><p>Four days after the crash, the Ocala Police Department recovered a gray 2007 Chevy Silverado pickup in a wooded area of a residence near West State Road 40 and Interstate 75. The truck, which had damage to the hood and lighting fixtures on the passenger's side, was registered to Travis Aldana, Fernland's boyfriend at the time.</p><p>Four days after the discovery, Fernland walked into the Ocala Police Department with an attorney and Aldana. </p><p>“The defendant stated she needed to tell what had happened because it weighed heavily on her,” according to a police report.</p><p>Fernland said she was driving around 2:45 a.m. the morning of the crash from downtown Ocala with her boyfriend and another individual, heading to the home of Aldana's father, Michael Aldana. She recalled briefly looking away from the road and hitting an unknown object. She told authorities she was upset about damaging the truck and rushed to Michael Aldana's home and parked the truck behind the residence.</p><p>Rush was walking back home from a Kangaroo Express store less than a mile from her apartment. She was walking on the side of the well-lighted road. She died at the scene.</p><p>Witnesses later told police they had seen Michael Aldana covering the truck with tree branches.</p><p>Aldana, now 49, was charged with felony evidence tampering. He pleaded guilty in November 2012 and was sentenced to three years of probation and 80 hours of community service.</p><p>Travis Aldana was not charged in the case.</p><p>Rush had four brothers and five sisters. At the time of her funeral, brother Michael Woods, 31, asked the judge presiding over his murder case to allow him to be transported from the Marion County Jail to pay his last respects to his sister. His request was denied. In February, Woods was convicted of murder and currently remains in jail awaiting trial in another murder case.</p><p>The fatal crash made headlines in February when Fernland's aunt, Ocala Police Department supervisor Sgt. Sandra Fernland, was disciplined for misconduct relating to the case. According to an OPD internal affairs report, Sandra Fernland tried to arrange a meeting between herself, her niece and members of the Rush family. No such meeting ever took place.</p><p>Throughout the investigation, officials involved in the case told internal affairs investigators that Sandra Fernland did not interfere in the investigation.</p><p>Gladson was unaware of Sandra Fernland's attempts to set up a meeting and previously called the proposed arrangements inappropriate.</p><p>On Thursday, he shared his appreciation for the time and effort OPD spent on the case.</p><p></p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>